Child Custody Laws in Wisconsin

Wisconsin separates legal custody (decision-making) from physical placement. The court presumes joint legal custody is in the child's best interest, except in cases of abuse or similar findings. The court considers all facts relevant to the child's best interest, including the parents' wishes, the child's wishes (communicated by the child or through the guardian ad litem), cooperation and communication between the parents, each parent's support for the child's relationship with the other, relationships with siblings and others, past time spent with each parent, substance abuse, adjustment to home and school, the child's age and needs, health, criminal records or abuse, and domestic abuse. The placement schedule should maximize the child's time with each parent. No fixed age is set for the child's wishes.

During a divorce or other family case, either party can ask the court by motion or order to show cause, with an affidavit stating the reasons, for temporary orders on legal custody and physical placement. The court must decide a request for temporary physical placement within 30 days after it is filed, and custody proceedings have priority on the court's calendar. A temporary order does not bind the final custody decision. When domestic abuse is involved, a court commissioner must tell the parties about their right to seek a domestic abuse restraining order, and such a motion must be sent to the court within 5 working days.

During a case involving a minor child, the court may order the parents to attend a program (up to 4 hours) on the effects of divorce on children, and may make completing it a condition of the final judgment; parties with domestic abuse issues may not be required to attend together. The court may also order a parenting class, but cannot make that class a condition of the divorce, though it may refuse to hear a custody or placement motion from a party who refuses to attend. When legal custody or physical placement is contested, the court must refer the parties to family court services for mediation; at least one session is required unless waived for undue hardship or safety.